HomeMy WebLinkAbout1996-05-14; City Council; Resolution 96-1731
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RESOLUTION NO. 96-173
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CERTIFYING AND
ADDING PROPERTY TO AN EXISTING COMMUNITY
FAC 1 LIT1 ES D 1 STRl CT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, (hereinafter referred to as the "legislative body of the local
Agency"), has previously formed a Community Facilities District pursuant
to the provisions of the "Mello-Roos Community Facilities Act of 1982",
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of
the State of California, said Article 3.5 thereof. The existing Community
Facilities District being designated as COMMUNITY FACILITIES
DISTRICT NO. 1 (hereinafter referred to as the "District"); and
WHEREAS, the legislative body has also established a
procedure to allow and provide for future annexations to the original
District and the area proposed to be annexed in the future was
designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE
ANNEXATION AREA (hereinafter referred to as the "Future Annexation
Area"); and
WHEREAS, at this time the unanimous consent of the property
owner or owners of certain specific territory proposed to be annexed has
been received, and said territory has been designated as ANNEXATION
NO. 95196-2 (hereinafter referred to as the "Annexed Area"); and
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WHEREAS, the map showing the specific territory to be
annexed and designated as the Annexed Area as submitted is hereby
approved by this legislative body.
NOW, THEREFOREl BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
RECITALS
SECTION 1. The above recitals are all true and correct.
ANN EXATIO N CERTIFICATION
SECTION 2. That this legislative body does hereby determine
and declare that the territory subject to annexation, being the Annexed
Area, is now added to and becomes a part of the District.
ANNEXATION AREA
That the boundaries and parcels of territory
herein annexed and on which special taxes will be levied in order to pay
for the costs and expenses of authorized public facilities is described as
follows:
SECTION 3.
All that property annexed to the existing Community Facilities
District as said territory is shown on a map as herein approved by this
legislative body, said map designated by the number of the annexation
and the name of the District, a copy of which is on file and shall remain
open for public inspection.
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FINDINGS
SECTION 4. That this legislative body does hereby further
determine as follows:
A. That the unanimous consent to the annexation as
submitted by the property owners is hereby certified and approved and
shall be kept on file in the office of the Election Official.
B. The legislative body is hereby empowered to levy the
authorized
special taxes within the Annexed Area to pay for the District's public
facilities. The property being annexed will be subject to all applicable
special taxes upon annexation. The Annual Special Tax - Undeveloped
Property will commence fiscal year 1996-97.
C. That the Annexed Area is formally added to and becomes a
part of the District.
NOTICE
SECTION 5. That immediately upon adoption of this
Resolution, notice shall be given as follows:
A. A copy of the annexation map as approved shall be
immediately, and at least within fifteen (15) days of adoption of this
Resolution, filed in the office of the County Recorder.
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B. Also within said fifteen (15) days, an amendment to the
Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the
office of the County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of
MAY , 1996, by the following the City Council on the 14th day of
vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, H,
NOES: None
ABSENT: None
ATTEST:
A~TE+ w<TE%&a (SEAL)